Richmond dispatch. [volume] (Richmond, Va.) 1884-1903, 1887-04-15
THE LAW OF LIBEL.
PRIvnrorp coSMusrcA ATOMS IN
NEWSPAPERS.
Mr. r. D. chafisn Wins His Case In the
Supreme Court Of Appeals.

Supreme Court Of Appeals.
in the Supreme Court yesterday the
president, Hon. T.. L. Lewis. who has
Just returned TO the bench after long
illness, delivered the opinion in the
case of Chaffin rerstss Lynch, which
was suit for libel growing out OF the
publication in the Dispatch Of various
cards. The latter got Judgment in
the Circuit Court of Richmond
for 81 900, wbereupon Chailin APP
pealcd, and yesterday the judgment
was reversed. Two principal questions
we're raised and decided--tirst, in re-
srect to the demurrer TO the declara-
ton. The Circuit Court overruled the
demurrer, and IFS ruling on this point
was sustained. Secondly, III respect to
the instructions by the court 10 the
jury. The Court OF Appeals held that
the instructions were erroneous, and re-
versed the judgment.
The main question involved in the in
structions related TO what are called
privileged communications. d"
WHAT THE SUPREME COURT SAYS.
Ch6E;n re- LEnek--OpinioH ~ Leris, r.
This was an action IN the Circuit Court OF the
city Of Richmond for the publication OF certein
words which we're alleged 70 be insulting and
tending 20 Violence and breach OF the peace
Tho action was brought under the statute coTr-
monty known os notwithstanding act. which,
% amended, enac;s as follows: "An words
which from their usual construction and com
mon acceptation arc construed "a ins1lte and
tend 10 violence and breach Of the pence shall
De actionabio. No demurrer shall preclude
jury from passing thereon" Code 1873, chap
ter 14J. section q
The controversy arose In this way: On tho
9th Of March, 1885,. thcre appeared in tho Daily
HsJdfck, newspaper published Ia this city.
the following communication:
"a FALSE RUYoR ARorT T.. H. CUtFFIS & CO.,
REAL ESTATE AGENTS, RETIEING PROM BUSf-
NESS.
"RTcHaOYD, VA. March 9, 1884.
"This is to certify tnat am from Hillsdale
county, Michigan: that was n correspondent
Of II. b. Chsfiin e. Co.. aud visited Richmond.
w.. On Tuesday last and was met at the rai-
read depot by n man by tbe name OF Lynca'
who represented that he wss representing II.
l. Staples a. Co. | told him wanted 10 see u.
/. Staples & Go. he said Staples had been
partner, and cren:ed the impression on me thai
X. b. Chaffin & Co were out of n 20 real estate
business, and thus prevented my going 70 see
said Chaftin informed inc they veTc In the husi-
ness, and invited me to visit their oniee.
"WIILIAh HARPER.
Witness John C. Edsley.
" To Ire Public and orr Friends:
"You viii SEQ by reading the above ceriih-
cate how some agouts expect 10 make sales
by having their clerks occupy the position thai
our negro backInen occupy az the dep0ts. and
by ymisTeprescniations get our customers and
take them % Out-Of-the-way clearinghouse.
thus preventing our correspondents from see
iDC us. Mr.: Harper informed us that he was
carried nearly 10 the extreme end OF north
Tenth street by clerk OF II. l.. Staples & Co.
70 boarding house, and he then applied 70 the
landlord TO know what hai become OF X. B.
Chaffn & Co., but the landlord knew ofno such
agents in the city. We have employed the
best legal talent 10 tning suit dtOnce against
". |. Staples & Co. for damages In the sum OF
S25CCl We have established an extensive
business at Erentc0 and we wish IL distinctly
understood that We mean 10 protect ourselves
against all such sharp practice. Very respect
fully. II. b. CHAFFlN 4 Co"
10 this Lynch replied, through the columns
Of the same newspaper on the iith of March.
1854, as follows:
{" 10 the VvJlic.
"RIoHMoxD. VA, March 10, 1sS4-i:tO =. NJ
On my return 10 tie city OF Richmond this
afternoon from q business trip (having been
absent since Saturday lasO In the country, my
attention has been directed 20 n cOmmunica-
lion signed Y. Il. Chaflin 4 Co. and published
iu Sundays DisDdfch, headed a False Rumor
About X. j. Chef1n d Co., Real Estate
Agents, Retiring from Business pronounce
the stAteme mt contained in the certificate signed
William Harper, which IS published Us n part
Of eaid card that said anything which coI.d
create the impression upon the mind OF the
said Harper that X. II. Chaflin & Go. were out
o. the real estate business 10 be utterly aird
entirely untrue. The intlmetiop In Mr.. Char
FMS card that II. l.. staples & Co. have ever re-
quired or expected me, as one OF their clerks,
10 occupy the position OF negro hackman,
ard by misrepresentation get our uheirl Gus
toners and take them 10 ont-of-the-way board
ing-houses. thus preventing our (their) cor
respondents from seeing US dheml, Is con-
temptiblc, cowardly, malicious lie
"DAvID II. LYNCH"
Tie next day following Charin published in
the sane newspaper the following:
"a CARD"
"In Tefereoce 20 card signed by David II.
Lynch in yesterdays Dispatch, / must say 10
roy friends and tho public tina; in consequence
of said Lynchs acts Of Misrepresentation and
his known character as a liar. could nOt re-
cornize him in the way gentleman should be
recognized. j expect TO have Mr.. Harper, OF
Michigan. the gentleman TO whom Lynch re-
presented my firm as out OF business, 10 testify
In my suit against II. l. Staples & Co, and thus
who wGs scoundrel enough 10 have acted as ID.
II. Lynch was represented 10 me TO have acted
would be unpriDcipled enough TO deny ii when
charged with IL | desire the public 10 know
could not under any circumstances notice
such creature as David II. Lynch, whose
character IL 80 well known, and did not notice
him except as the clerk Of ~. J.. Staples & Co.
You are respectfully asked 10 read the sworn
certificates below.
"Respectfuily. r. b. CuAFFIN."
n t.ft safo 70
is signed ard sworn 10 by W. w. Rowe and =.
H. Brown. and s 20 the effect that they are
acquainted with Lynch, and would not be-
lieve him ON oath In respect TO matter In
which he was personally Interested. AND
further, that they had often observed Lynch al
a window opposite the oflice Of II. Il. Chaffin
& Co, watching the office-doOr Of said Chain
& Co. and that whom customers Of the firm
would leave the office he U-ynchl had been
known 20 overtake them on the street an1 en-
deavor TO get them 10 the Onice OF III. l. staples
& Co.
Another certificate is subscribed aud sworn
to by one W. II. Thompson, aud IS 20 the effect
that having secn n great deal Of the said ID. H.
Lynch be would not believe him on oath.
SUIT BROUGHT,
Thereupon Lynch, who Is the defendant in
error, here commenced the present action
against Chafin. The declaration contains
single count. and alleges that the words used
by the defendant In charging the plaintiff. In
his published card, with acts OF misrepresenia-
ton, and as having known character as
liar, and that he could not be recognized by the
defendant as n gentleman, and also that the
words used In the certificate OF Roane and Brown
10 the effect that they would not believe the
plaintiff on cath, etc, wore false and libellous,
and are such words as are usually construed as
insults and tend 20 violence and breach OF the
peace.
The defendant demurred TO the declaration,
and also pleaded not guilty, and IL was agreed